Recent Posts in Wrongful Death Category

After people have lost their loved ones, it can be an extremely difficult time.  This especially holds true when people have lost their loved ones due to wrongful death.  According to the law, a death is considered "wrongful" if it is caused by negligence or recklessness.  For example, if a person is killed during a workplace accident and the employer is at fault, it can be categorized as a wrongful death.  Additionally, if a person takes another person's life by committing the act of murder, it is also considered a wrongful death.

In cases involving such deaths, immediate family members may have the right to seek compensation for their loss by filing wrongful death claims.  These claims enable family members to seek damages for their lost loved one's funeral expenses and even loss of companionship.  In order to file such claims, family members will have to prove negligence or recklessness caused their loved one's death and this can be very difficult.  For this reason, it's always advised that people filing such claims work with a personal injury lawyer in their city of residence. 

Both of Michael Jackson's parents have filed wrongful death lawsuits on behalf of their deceased son. However, only one of them will be allowed to go to court.  A California judge ruled last week that the lawsuit filed by his father, Joe Jackson, would be dismissed. Although it might have had merit on its own, it cannot go to court due to a technicality. Under existing state law, two cases with the same allegations cannot both be heard in court. Since the singer's mother filed her case two months before her ex-husband, only her case will be heard.

In the lawsuit filed by Jackson's father, he not only named the doctor linked to his death, Dr. Conrad Murray, but several other parties. Those parties not included in the mother's lawsuit were concert organizers and the pharmaceutical company that supplied the deadly drugs. He was reportedly asking for damages of $10 million to $500 million for loss of support, emotional distress and loss of companionship.  If you plan to file a wrongful death claim, it is advised that you have a personal injury lawyer on your side.

A grieving wife has filed a wrongful death lawsuit against the man she holds responsible for the death of her husband.

The victim, a 64-year-old male, was riding his motorcycle last August when he was struck by a man driving a pickup truck. The victim was pronounced dead at the scene of the crime due to extensive internal injuries. When police questioned the driver of the pickup truck, they learned that he was on his way to an annual tractor pull.

While no traffic accident is easy to live with, the fact that the driver responsible for causing it was a police officer does not help his case. The wife alleges that he should have been more cautious on the roadway, especially given his occupation. In addition to naming him as a plaintiff, the wife added the people running the tractor pull event as responsible for her husband's death this summer.

Anytime people plan to move forward with a wrongful death claim, they'll want to speak with a personal injury lawyer first.

After losing her husband in a gruesome tractor trailer accident, one woman has decided to sue the companies she believes are responsible for his death.

The fatal accident happened on August 28, 2009 when her husband was driving in the United States. A man operating a tractor for one company and a trailer for another crashed into her husband's vehicle, causing a major accident. After reviewing the details of the case, her attorney filed suit in the U.S. District Court against the four companies represented in the crash, along with the truck driver.

The wife is now alleging the negligence of the driver, as well as the companies he was working for, are responsible for the severe mental and physical injuries that her husband endured which eventually led to his early demise. Even though the two called Canada home, the companies involved in the law suit are based in Pennsylvania, forcing the woman to file her wrongful death suit in that state.

If you have plans to file a wrongful death claim, it is advised that you hire a personal injury lawyer who is familiar with the legal process surrounding these types of lawsuits.

After failing to protect a victim's mother, Fayette County Public Administrator Dennis A. Bradley has filed a wrongful death lawsuit against the Lexington police department.

Just one year ago Umi Southworth was shot by her husband, Donald Southworth Jr., outside of their home. When police arrived on that fateful day, rather than attend to the victim - who they believed to be dead - they went inside to question the husband. When an employee from the coroner's office arrived shortly after, he discovered that Umi was still alive and had her transported to the hospital. Unfortunately, Umi lost her life the next day.

Claiming that the police officers acted in a "reckless, wanton and egregious manner" when they failed to check the status of the victim, Bradley is now suing on behalf of the couple's 13-year-old daughter.

Since that time, Southworth had pleaded not guilty to the murder.

If you believe that someone you love died prematurely, call a personal injury lawyer now to discuss a wrongful death lawsuit.

The wrongful death lawsuit filed against August Busch, IV was settled this week.

The lawsuit, filed by the ex-husband of Adrienne Martin, is on behalf of their eight-year-old son. Martin was discovered dead in the home of August Busch last year during a party that he was throwing. An autopsy performed on Martin showed that she had significant amounts of painkillers and cocaine in her system.

Although Busch agreed to pay $1.5 million in the final settlement, his lawyers were quick to state that this payment was not an admission of Busch's guilt.

Do you want to file a wrongful death lawsuit? Do you feel that someone you love was taken away too soon? If so, there is no time like now to start discussing the details of your case. Call a personal injury attorney now to see whether you have a strong case for wrongful death, and if so, how to start filing the lawsuit.

A wrongful death lawsuit was settled this week between the family of a teenager and the two people they hold responsible for her death.

Taylor Meyer had attended several parties back in October 2008, drinking alcohol even though she was underage. She was in the company of Paige and Brian Zuzick, who bought her rum and encouraged her drinking that night. 

Although the exact details of the wrongful death suit have not been disclosed to the public, an attorney for the Meyer family commented that since the Zuzicks showed extreme remorse for their actions, the settlement was finally agreed to.

When you lose someone you love, the pain can be terrible. However, if you believe that it was a wrongful death, you are likely to be filled with much stronger emotions. Take action by consulting with a personal injury lawyer now to learn more about your legal options.

When two men went out hunting in the woods near Quakertown, only one man returned alive. The wife of the deceased man is now suing the person responsible for her husband's death.

Barry Groh, 52, was fatally shot by David Manila, a lawyer, who mistook Groh for a deer. The deceased man had actually shot the deer himself and was attending to it when Groh shot him dead.

Theresa Lynn Groh is now suing Manila for wrongful death and claims that his party is attempting to hide assets, including a large portion of real estate that appears to have been transferred to family members just shortly after the shooting.

At this time Manila's criminal lawyer is not responding to outside messages or inquiries about the case.

When you believe that someone you love died unjustly you might have grounds for wrongful death. In order to determine the strength and validity of your case, you need to discuss your case with a personal injury lawyer immediately.

A young Canadian charged with murdering a fellow American student is now being slapped with a wrongful death lawsuit. Jared Britton, 23, has been charged with aggravated battery and felony murder of 22-year-old Bradley Simon. The victim's parents are now suing Britton, as well as a co-conspirator, the Long Jam Tavern and the bar's insurance company.

The basis of their lawsuit is that Britton and Jedidiah McGlasson harassed and battered Simon which led to his death. Since the tavern failed to provide a safe place for their patrons, they were also included in the lawsuit. At this time, however, none of these allegations have been upheld in the courtroom.

Britton was in the United States to play hockey for the University of Wisconsin-Stout and had been studying engineering before the tragedy occurred. He is believed to have shoved Simon from his bike, causing him to go headfirst into a cement wall. Simon died five days later as a result of these injuries.

Planning to file a wrongful death?  Get the legal help you deserve by working with a personal injury attorney.

The family of a Blackstone electrician is now seeking damages in the wrongful death of William Nichols.

The accident occurred when Nichols, 48, was sent to a duplex at 27-28 Wildwood Way that exploded, trapping the Deno Electric of Franklin employee under rubble for over 90 minutes. Although he was finally extracted and rushed to Brigham and Women's Hospital in Boston by medical helicopter, he later died due to the crushing injuries he suffered. The family now wants the company that delivered propane to the site as well as the plumbing company that reportedly failed to tighten a gas connection to pay for their negligence.

Seven others were also injured from the explosion that was caused by an undetected propane leak.

The lawyer representing the Nichols family, Marc L. Breakstone, has said the accident is "a terrible tragedy that could easily have been avoided."

If someone you love was believed to have perished unlawfully, you should hire a personal injury attorney who can help you seek monetary compensation.

If you are thinking about filing a wrongful death claim because you have tragically lost a close loved one, you should know a few things before you decide to take the law into your hands. 

First, a wrongful death claim can only be filed when a family member's death is caused by the reckless, accidental, negligent or intentional actions of another person.  Natural deaths do not count when filing personal injury claims.

Second, wrongful death claims can only be filed by people who are 18 years of age or older.  These claims cannot be filed by people who are below the legal adult age.

Finally, claims for wrongful deaths may only be filed by immediate family members such as spouses, children and parents.  You cannot file a wrongful death claim for a distant cousin who is deceased.

If you have additional questions about filing wrongful death claims, it is advised that you speak with a personal injury lawyer in your state of residence.

In Arkansas, a widow of a man who passed away while imprisoned in White County Jail recently filed a wrongful death claim.  In her claim, Marilyn Haynes lists a sheriff as the defendant and says that her husband's death was the result of, "the defendants' deliberate indifference to the decedent's serious medical needs."

On May 10 2007, James Haynes was arrested for several felony offenses.  Some of his charges included third-degree domestic violence and battery.  Three weeks after being arrested and held in jail, staff from the prison found Haynes lying on the floor of his cell.  They immediately rushed him to the jail's infirmary.

While he was transported to the infirmary, Haynes became unresponsive.  Later, it was reported that he had went into cardiac arrest, which led to his death.  Despite the widow's allegations, deputies say that the jail staff did nothing wrong and that Haynes was provided with immediate medical attention.

If you plan to file a wrongful death claim, it is important that you secure the services of a personal injury lawyer that can ensure your claim is successful.

Recently, the family of a man who was killed by police received good news in New York City.  According to reports, a judge is allowing the family of Sean Bell to move forward with their personal injury lawsuit against five police officers who shot and killed Bell.

On November 25, 2006, Bell left his bachelor party when he was approached by undercover police officers.  The officers opened fire at Bell's vehicle after Bell hit one of the officers in the leg with his car.  Reports indicate that the officers shot 50 rounds into Bell's vehicle, which contained two of Bell's friends who also suffered gunshot wounds.

After the incident, police claimed one man was armed, but investigations showed that all three men were without weapons.  In 2008, three of the officers were acquitted on charges of manslaughter and reckless endangerment.  However, all five are listed as defendants on the family's wrongful death suit.

If you have lost a close loved one due to the negligence of another individual, now is the right time to speak with a personal injury attorney that can help you file a wrongful death claim and recover monetary damages.

In Los Angeles, California, it is reported that one person died during an accident involving a car and a truck. 

The car accident took place in the town of Trenton on Rt-3 and led to the instant death of 26 year old Cinthya Perez.  Police say that Perez had been riding as a passenger in 28 year old Heather Lee's 2002 Toyota Corolla and that another passenger, 27 year old Tam Tran, was critically injured as a result of the crash.  Tran had to be airlifted to a local hospital to receive treatment for her major injuries.

Officers say that Lee's car was hit by a 2000 Ford pick-up, which was being driven by 23 year old Jon Dow.  Both Lee and Dow suffered minor injuries and were released from the hospital.  Police believe that speeding may have played a role in the accident and are still investigating.

If you have been involved in a car accident or a truck accident, now is the time to hire a personal injury lawyer that is experienced in this niche area of law.

A woman was driving her car in Henderson, California when she rear-ended an SUV at an intersection on February 16, 2010. The collision caused the SUV to spin out and overturn, killing both the driver and passenger in the SUV. The driver who caused the accident was treated for minor injuries and was later arrested for drunk driving. The driver was booked on two counts of DUI with death.

Drinking and driving is a very serious crime, especially when an accident results from this carelessness. Many people can be injured in drunk driving accidents, resulting in broken bones, fractured ribs, head trauma, internal bleeding and more. No one should have to deal with these consequences when another person’s negligent actions are the cause.

If you or someone you know has been injured in a drunk driving accident caused by another, then you will want to contact a personal injury lawyer as soon as possible. An injury attorney will be able to help you pursue a case against the person who caused the accident so that you do not have to suffer further. Furthermore, an attorney will always keep your best interest in mind and work to protect your rights during this difficult time. Contact a drunk driving accident lawyer today to begin discussing your case and moving forward with this matter.

A wrongful death lawsuit involving a fatal truck accident has been filed in Daviess County, Missouri.

The lawsuit was filed by Joseph Hostetler against David Leeper and Kenneth Fletcher. Hostetler’s wife Maria was killed in the accident after her van crashed into the back of the truck.  

The accident occurred on November 10, 2009 on Highway 6. According to the Missouri State Highway Patrol, a Chevrolet grain truck lost the left rear tandem as it was slowing to turn onto Route V. Leeper was driving the truck and was able to steer his vehicle onto the shoulder of the road. However, during the time the left rear tandem was still on the road, Hostetler hit one of the truck’s tire/wheel combinations with her van. This caused the van to swerve onto the opposite side of the road, skid in a clockwise motion, and travel back into her original lane. But as the van approached the edge of the road it tipped over onto its side and crashed into the back of the truck. Hostetler and two of her passengers, Chester Gingerich and Perry Gingerich, were killed in the accident. Three other passengers in Hostetler’s vehicle were injured.

The case has been assigned to a judge but a hearing has not yet been scheduled.

If you have lost a loved one in a fatal truck accident and are considering filing a  wrongful death lawsuit, you should consult an experienced Missouri truck accident lawyer about your rights to compensation. If you can prove another party was at fault for the accident, you could be awarded wrongful death benefits and punitive damages.

Charges have been filed against a truck driver who caused a fatal accident as he watched pornographic movies on his laptop.

The accident occurred when truck driver Thomas Wallace crashed into a woman’s car on the New York State Thruway near Buffalo. Julie Stratton, a 33-year-old mother of two, was killed in the accident. After hitting a deer, she had pulled off to the side of the road to wait for help.

Wallace has since been charged with second-degree manslaughter after police determined he was distracted by the pornographic movies at the time of the accident.

Police also say Wallace had slept less than four hours over a 27-hour period. Under federal law, truck drivers can only drive for a maximum of 11 continuous hours in a 14 hour work day, after which they must take a mandatory rest period of 10 hours before than can drive again.

At this time, it has not been said whether or not Stratton’s family will file a personal injury lawsuit.

If you have lost a loved one in a truck accident, you should consider filing a  wrongful death lawsuit against the responsible party. An experienced  New York personal injury attorney is available to speak with you regarding your legal rights and options, and can help you pursue a lawsuit if you choose to do so. Even if getting involved in a lawsuit is the last thing on your mind, it’s a good idea to consider taking advantage of your rights under state and federal personal injury laws.

A Chicago couple has filed a wrongful death lawsuit against the man that plowed into their Hondo Civic, consequently killing their 1-year-old son and two friends. They are seeking at least $50,000 in damages.

The man responsible for causing the accident was believed to be fleeing the scene from another crash he was involved in not too far away. Witnesses say the driver was going close 80 or 90 mph when he collided with the Honda.

As a result of the impact, the baby was knocked out of the car seat it was fastened to and into a rear window. One of the passengers was ejected from the vehicle, and both passengers succumbed to their fatal injuries.

The Cook County State’s Attorney’s Office is reviewing the case, but so far has not filed any charges against the driver, although the driver did receive a citation.

The accident occurred when the couple, along with their son and two friends, was returning home after eating at a McDonald’s restaurant. Investigators do not believe alcohol was a factor in the accident.

A serious or fatal accident caused by excessive speeding is an example of negligence coming into play. If you or someone you love was injured or killed in a car accident caused by excessive speeding or reckless driving, you should exercise your legal rights by filing an injury lawsuit against the negligent party. A skilled Illinois personal injury lawyer can help you pursue your claim and advocate your rights to a full and just recovery!

A high school football star’s family claims a paramedic’s negligent actions contributed to their son’s untimely death. 

The family of 17-year-old Atlas Fraley, a lineman on Chapel Hill High School’s varsity football team, has filed a wrongful death lawsuit against the Orange County paramedic who treated Fraley, Orange County, and Orange County Emergency Services.

The lawsuit specifically mentions James Griffin, a paramedic with Orange County Emergency Services. The lawsuit claims that Griffin failed to provide adequate care to Fraley, violated protocol for treating the condition, and did not attempt to contact Fraley’s family before he left the house. The lawsuit alleges that had Fraley’s condition been properly evaluated and treated he would likely have survived.

The incident occurred when Fraley called 911 complaining of severe cramping, not long after returning home from a football scrimmage. He told 911 operators that he thought he needed intravenous fluids. Griffin and a four-year EMS student responded to the call. After checking him out, Griffin advised Fraley to continue drinking fluids. But by the time Fraley’s parents arrived home he was already dead.

The autopsy was unable to determine Fraley’s exact cause of death.

The Fraley family is seeking monetary damages for medical and funeral expenses, Fraley’s pain and suffering before he died, and the loss of their son’s companionship and services.

Orange County Emergency Medical Services agreed that Griffin violated several protocols.

If you have recently lost a loved one in North Carolina, and you think another person’s negligent actions are to blame, it’s in your best interest to consult an attorney. An experienced North Carolina wrongful death lawyer can review the circumstances leading up to your loved one’s death to determine if negligence or malpractice is to blame. If negligence or malpractice did indeed contribute to your loved one’s death, an attorney can help you pursue a wrongful death lawsuit in an effort to recover both economic and non-economic damages.

This past Tuesday, an attorney representing a teen that was wrongfully killed while riding his bicycle argued that a restaurant and an impaired driver were at fault for the 14 year old boy’s death. According to the lawyer, if the restaurant had not served the driver 10 beers within a 5 hour period, she would not have killed Jose Rincon Jr.

At first the defendants argued that Rincon’s death was caused by a road defect.  However, his lawyer countered that the driver, Glenda Rumsey, was responsible for the boy’s death and so was the restaurant that continued to serve her alcohol.

The wrongful death trial was held in the Pima County Superior Court. Three attorneys were permitted to give opening statements on behalf of their clients.

Rincon’s death occurred on January 12, 2008. After his death, his parents, Jose Rincon Sr. and Adriana Rincon, filed a wrongful death claim. The parents listed Rumsey and Chuy’s restaurant as defendants on their claim. 

Rincon Jr. had been riding his bike on East Broadway at 7:20 PM when Rumsey crashed into him and one of his friends. His friend managed to survive the accident, but Rincon was not so lucky.

After police arrested Rumsey, they had her take a blood-alcohol test two hours after the accident had occurred. In the state of Arizona, the legal blood alcohol limit is 0.08%.  Rumsey’s blood alcohol result was .249%.  Formal charges were brought against Rumsey and she was later convicted of manslaughter and sentenced with 14 years imprisonment. 

It is reported that the Rincon family was able to settle their wrongful death claim for an unspecified amount.

Have you lost a beloved family member?  If so, you may want to consider your legal options. An experiencedwrongful death lawyer can assist you! 

A Phoenix woman passed away after her car burst into flames after being rear-ended by a truck.

Ogla Sanchez Torres, 44, was pronounced dead at the scene by the emergency medical services crew that responded to the accident. 

According to the Phoenix Fire Department, Torres’ vehicle unexpectedly broke down while she was driving on the I-10. As her car was coming to a stop, a truck slammed into the rear of the vehicle. The force on impact was so strong it caused the car to explode with Torres still inside.

Trapped inside wrecked and burning vehicle, Torres passed away from her fatal injuries. And by the time firefighters got to the scene of the accident the car was completely engulfed in flames.

Witnesses to the accident supposedly tried to open the doors but the fire was too intense.

At this time, it is still unknown what caused the truck driver to crash into Torres’ car. However, no citations or charges have been made. A full investigation into the cause of the accident is underway.